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Environmental Protection Agency John R. Kasich, Governor Mary Taylor, Lt. Governor Scott J. Nally, Director

March 1, 2011

Jim Krimmel, President laclon LLC 2981 Independence Road Cleveland, Ohio 44115-3699

OHIO f.P.A.

MAR - I ZOll i.NTERED DiR£CTO[(S JOURNAL

I certify this to be a true and accurate copy of the official documents as filed in the records of the Ohio Environmental Protection Agency.

RE: BUILDING # 13 CLOSURE PLAN APPROVAL, ZACLON LLC OHD 004 184 768

Dear Mr. Krimmel:

On November 1, 2010, Hull & Associates, Inc. , on behalf of laclon LLC, submitted to Ohio EPA a closure plan for the former laboratory in Building #13 storage unit located at 2981 Independence Road, Cleveland, Ohio. Revisions to the closure plan were received on December 23, 2010, and January 20, 2011. The closure plan was submitted pursuant to the October 8, 2009 Director's Final Findings and Orders in order to demonstrate that laclon LLC's proposal for closure complies with the substantive requirements of Ohio Administrative Code (OAC) rules 3745-55-11 and 3745-55-12.

The owner or operator and the public were given the opportunity to submit written comments regarding the closure plan in accordance with the hazardous waste rule requirements. No public comments were received by Ohio EPA.

Based upon review of laclon's closure plan and subsequent revisions, I conclude that the closure plan for the hazardous waste facility at 2981 Independence Road, Cleveland, Ohio, as modified herein, meets the performance standard contained in OAC rule 3745-55-11, and complies with the pertinent parts of OAC rule 3745-66-12.

The closure plan submitted to Ohio EPA on November 1, 2010, and revised on December 23, 2010, and January 20, 2011, for laclon is hereby approved with the following modifications:

1. Section 4.2.1. The last sentence of this section, "Soil ana lytical results are shown on Figure 4" is stricken . There is no Figure 4 associated with this closure plan .

50 West Town Street . Suite 700 P.O. Box 1049 Columbus, OH 43216-1 049

614 I 6443020 614 1644 3184 (fax) w\w{. epa .ohio.gov

Jim Krimmel, President Zaclon LLC Page 2

2. Section 5.1. The current list is stricken and replaced with the list, except for the CAS Numbers, that was submitted via e-mail by David Wazny of Hull and Associates to Karen Nesbit of Ohio EPA on January 3,2011. Th is list is included as Attachment 1.

3. Section 10.0. The second sentence is modified to replace 6,000 square feet with 2,250 square feet.

4. Section 10.2. This section is modified to state that further investigation into the integrity of the drain lines will be conducted as part of Zaclon's Corrective Action obligations. Photographs submitted via e-mail from David Wazny of Hull and Associates to Karen Nesbit of Ohio EPA on January 6,2011, indicate possible pipe integrity concerns that must be addressed under Corrective Action. Refer to Attachment 2.

5. Sections 15.1 and 15.2. These sections are modified to state that the closure cost estimate and financial assurance mechanism will be submitted to Ohio EPA within 30 days after approval of the closure plan.

6. Section 16.0. Th is section is modified to remove the signature of the Professional Eng ineer. The certification statement should be signed and stamped by the Professional Eng ineer and the owner or operator of Zaclon after completion of closure activities.

7. Appendix B, Photographs. This section is modified to include the photographs showing possible pipe integrity concerns submitted via e-mail from David Wazny of Hull and Associates to Karen Nesbit of Ohio EPA on January 6, 2011. These photographs are included as Attachment 2.

Compliance with the approved closure plan, including the modifications specified herein, is expected. Ohio EPA will monitor such compliance. Ohio EPA expressly reserves the right to take action, pursuant to chapters 3734. and 6111. of the Ohio Revised Code, and other applicable law, to enforce such compliance and to seek appropriate remedies in the event of noncompliance with the provisions and modifications of this Approved Closure Plan. Please be advised that approval of this closure plan does not release Zaclon from any responsibilities regard ing corrective action for all re leases of hazardous waste or constituents from any waste management unit, regardless of the time at which waste was placed in the unit.

Jim Krimmel, President Zaclon LLC Page 3

You are hereby notified that th is action of the director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the director's action. The appeal must be accompanied by a f iling fee of $70 .00, made payable to "Treasurer, State of Ohio," which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney Genera l's Office, Environmental Enforcement Section . An appeal may be filed with the Environmental Review Appeals Commission at the fo llowing address:

Environmental Review Appeals Commission 309 South Fourth Street, Room 222

Columbus, Ohio 43215

When closure is completed, OAC rule 3745-55-15 requires the owner or operator of a facility to submit to the director of Ohio EPA, certification by the owner or operator and a qualified professional eng ineer, that the facility has been closed in accordance with the approved closure plan. The certification by the owner or operator shall include the statement found in OAC rule 3745-50-42(0 ). These certifications shou ld be submitted to:

Jeremy A. Carroll , P.E., Manager Ohio Environmental Protection Agency

Division of Hazardous Waste Management Regu latory and Information Services Section

P.O. Box 1049 Columbus, Ohio 43216-1049

A copy shou ld also be sent to:

Ohio Environmenta l Protection Agency Division of Hazardous Waste Management

Attn: Karen Nesbit 2110 East Au rora Road Twinsburg, Ohio 44087

Ohio EPA's Division of Hazardous Waste Management strong ly encourages you to consider pollution prevention options for any processes at your facility that generate waste. While implementation of pollution prevention options is not required by Ohio laws and regu lations, the application of waste minimization practices may help reduce the expense

Jim Krimmel, President Zaclon LLC Page4

of remedial activities. Additionally, implementation of pollution prevention options may prevent the creation of new units and as a result eliminate the requirement to submit a closure plan in the future. For assistance in identifying and implementing pollution prevention options or if you have any questions about implementing th is closure plan, contact Karen Nesbit at (330) 963-1159 .

Sincerely,

/; (~ friOrvJr Scott J. Nally Director, Ohio EPA

SJN/KN/cI Attachments

cc: Christopher Jones, Calfee, Halter & Griswold , LLP David Wazny, Hull and Associates Karen Nesbit, DHWM, NEDO Sue Netzley Watkins, DERR, NEDO

ec: Ed Lim, DHWM, CO Jeremy Carroll, DHWM, CO Mike Allen, DHWM, CO John Schierberl, DHWM, CO Mitch Mathews, DHWM, CO Todd Anderson, Legal, CO Frank Popotn ik, DHWM, NEDO Harry Courtright, DHWM, NEDO Natalie Oryshkewych, DHWM, NEDO John Palmer, DHWM, NEDO Shannon Ryan, DHWM, NEDO

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ATTACHMENT 1

5.0 LIST OF HAZARDOUS WASTES

5.1 Types of Hazardous Waste

The following list comprises the wastes that may have been historically located in this unit. This

list was developed off of waste disposal information from 2005 and 2000 that is believed to have

been associated with Building #13.

Waste Description U.S. EPA Constituents and

GAS Ntlmber waste code(s} Degradation Products Waste Corrosive 0002, 0007, 0008 Not Applicable 766+939

Liquid, acidic 7664 882 '

Sulfuric Acid T1'58-04-5

Phosphoric Acid

Chromic Acid

Waste Oxidizing 0001,0007,0011 Not Applicable 7761 888

Liquid, toxic 7T1'850' 9-

Silver Nitrate

Potassium

Dichromate

Waste Corrosive 0002, 0007, 0009, Not Applicable 74i2~ 97·e

Liquid, toxic 0011 7664 93 9

Mercury

Sulfuric Acid

Waste Corrosive 0002 Not Applicable 1310-73,2-

Liquid, basic

Sodium Hydroxide

Waste Flammable 0001 Not Applicable 67 SQ...,.

Liquid, toxic 77·098

Methanol

Phenolphthalein

Wa~l~ Elammable 00010001 , D002 Not Applicable 7803-02·08-

~igldiQ, CO!lQ~ive ,e:;z 21 ~

~il2ne CompounQ~

Ethylene Glycol

ATTACHMENT 1

Waste Description U.S. EPA Constituents and CAS Number

waste code(s} Degradation Products

Waste Flammable 0001. 0002 Not Applicable ~58 ~ 2 a Liguid. corrosive 64-1 8-8

Glacial Acedic Acid

Formic Acid

Waste Flammable 0001, U122 Not AQQlicable 5000-0

Liguid, toxic ~0422~ 41' i'

Forma ldeh~de

Ammonium oxalate

Waste Toxic Liquid, 0005, 0006, 0007, Not ApQlicable 7 440 ~o a inorganic 0008 110469 92 ~

Barium

Lead

I Waste Corrosive 0001,0002 Not AQQlicable ~69~ 6~ 2-

Liquid, oxidizing ~553 66!!

Nitric acid

Iodine

I Waste Sodium 0004 Not AQplicable 7778 043 e Arsenate-solid

I Waste Carbon 0001, 0002, 0003, Not AQQl icable 76160

Disulfide P022

I Waste Cyanides, 0003, P106 Not AQQl icable 667 2~ :;

inorganic solid 143 33 [)o

Zinc Cyanide

Sodium Cyanide

I Waste Hydrofluoric 0002, U134 Not Applicable ;tS6+03e e

Acid

ATTACHMENT 1

Waste Descrl ~tlon U.S. EPA Const ituents and CAS Number

waste code{s) Degradation Products

Waste Flammable 0001,0002,0003 Not AQQl icable 1:31 :3 822

Solid 1:318 581f1

Sodium Sulfide 7~~8 ~ ~ Q.

Potassium Hydroxide

Activated Carbon

Waste Mercury 0009 Not A!2!2l icable 110499091'-8'

Waste Aerosol U226 No! AQ!2licatlle 71 55=0

Ethane

1,1,1 trichloro

Waste Metal 0 001 Not A!2!2l icable 7 ~ :39 984

Powders, flammable 9H28 142

Magnesium Graduals

Aluminum Dust

Waste Flammable 0001. 0 002 Not AQQl icable 10271 S

Liguid, toxic, corrosive 1996-21·e

Trieethanalomine

Agua Ammonia

At the time of this closure plan the materials identified above were no longer located with the

unit. Any material that was not disposed during lab closure was integrated back into facil ity

manufacturing and testing Qrocesses. A complete list of those materials is not ayailable but is

presumed to be consistent with the list of wastes !2rovided.

5.2 Characterization Methods

Potential wastes associated with the operation of the laboratory were identified and

characterized as a result of the waste disposal activities associated with the material disposal

from the laboratory that occurred in 2006.

ATTACHMENT 1

5.3 Proof of Adequate Characterization

The materials were characterized based on the one time disposal of the materials from the

laboratory. No additional information pertaining to the characterization of these wastes is

available.

Attachment 2 for Bu ilding 13

Attachment 2 for Building 13

1 .30.2010 15:39

Attachment 2 for Bu ilding 13

Attachment 2 for Bu ilding 13